Protection petition in High Court by court marriage advocates in Chandigarh

Protection petition in High Court by court marriage advocates in Chandigarh

NOTE:-

  1. Registration of marriage is different from police protection from P&H High Court.
  2. Love marriage registration or protection is not banned. This video is fake and this video is of year 2013 so this is not applicable now. This news item is dated 26 June 2013 so even this is not applicable presently.

Marriage is perceived differently in different religions. A Hindu law, it is considered as a sacrament while in Muslim law it is considered as a contract. Under Indian law, if the parties are major and do not violate any other conditions of law governing them, they can get married and live happily as husband and wife.

However it must be understood that marriage has several social and legal implications. These implications have emerged because of modernity in India. In earlier times, people used to get married on the basis of arrangements between the families and there were a lot of compromises which couples used to make. However, with the changing times the concept of love marriages has emerged. Youth is more aware of its rights and are not willing to get into arranged marriages. People are aware that if there are major and do not violate any conditions of law relating to marriage, they can get married easily and start their married life.

Police protection by Chandigarh High Court to married couples

There is a saying in India that “Agar miya biwi raazi, to kya karega kaazi.” However this is not so. When a young couple decides to get married against the wishes of their parents, such young couple endangers their own life and life of friends who are willing to help them. The phenomenon of honour killing in India still prevails. Honour killing is a term given to a type of murder in which family of husband or wife kills husband and wife if they get married without wishes of the family. The family which objects to the marriage may be of husband or wife. Generally the objections which the family have are that the caste of husband and wife is different, husband does not earn, or it may be just that the ego has been hurt by love affair of wife.

Marriage lawyers in Chandigarh

In such a case, it is important that these couples may be protected with the help of police. Marriage lawyers in Chandigarh help these couples to get married and after marriage, lawyers in Chandigarh provide police protection from Punjab and Haryana High Court at Chandigarh to these married couples.

The procedure to get protection is this.

  • After marriage, the couple goes to a marriage lawyer in Chandigarh along with photographs of marriage, marriage certificate, original aadhar card of both husband and wife along with coloured photostat copy, original date of birth certificate (not mandatory) of both husband and wife along with photocopies, original tenth class certificate (not mandatory) of both husband and wife along with photocopies. Parties must always keep two witnesses with aadhar cards of these two witnesses at all times while going to any government authority or religious institution.
  • They have to sign a Vakalatnama (power of attorney) of a marriage lawyer in Chandigarh
  • The couple also has to sign several affidavits in which it is mentioned that they are major and they have got married out of their free will.
  • After that the petition is filed in Punjab and Haryana High Court at Chandigarh.
  • This petition comes on hearing after of one-day. For example – the petition is filed on Monday, it is listed on Wednesday. Tuesday is not counted. In special circumstances like e-filing, the petition can be heard by the judges on the very next day. For example if a marriage lawyer in Chandigarh files a petition through e-filing on Monday, it is listed on Tuesday.
  • When the petition comes to living, Punjab and Haryana High Court at Chandigarh hears the arguments of marriage lawyers in Chandigarh. The judges have to be convinced by the lawyer that the marriage is lawful and that the parties are major and do not violate any marriage law as prevailing in India.
  • After the judges are convinced, husband and wife are called before the judge and the judge questions them regarding their financial status, education status and family problems if any.
  • Then, the judge gives police protection to the husband and wife.
  • Some lawyers get this procedure done secretly without intimating parents and relatives of husband or wife. After this procedure, the couple tries to persuade parents. If they do not agree (suppose after 5 or 6 years), couple shows parents marriage certificate and High Court order. Then parents have to agree to marriage.

Through this procedure, a runaway married couple is given police protection by the Punjab and Haryana High Court at Chandigarh. This is a procedure to which marriage advocates in Chandigarh protect couples from honour killing or any other harassment to the couple themselves or even their families. This means that not only the life of married couple is protected, life and liberty of their relatives who might be in danger because of parents of husband or wife is also protected.